No Role For POP Post-Arthrex
As of Monday July 24th, the USPTO has discontinued the use of its Precedential-Opinion-Panel (POP) in favor of the interim Director Review (DR). This move was not unexpected as the POP panel (an early attempt
Boardside Chat Thursday 7/20
The PTAB’s next Boardside Chat webinar will be held this Thursday, July 20, from noon to 1 p.m. ET. The panel of APJs will discuss issues that typically arise during an America Invents Act (AIA) trial
Empirical Studies Refute Oft Repeated Fallacies
The PTAB released two studies on historical petition filing practices this month. One directed to the frequency of so-called serial/parallel petition filings, and the other pertaining to Orange Book/Biologics patents. As with
Preliminary Guidance More Hinderance Than Help
Patent Owner’s rarely seek to amend claims during PTAB trials. This is because, as most such patents are being simultaneously litigated, amendment introduces a host of complications — not the least of which is
Estoppel Reasonably Could Have Raised During Trial?
The challenge to the IPR estoppel statute in Apple et al., v. California Institute of Technology focused on the statute’s use of “during.” That is, whether “reasonably could have raised” is assessed at
Failed PTAB Bill Reemerges For a 6th Time
Yesterday, U.S. Senators Chris Coons (D-Del.),Thom Tillis(R-N.C.), Dick Durbin (D-Ill.), and Mazie Hirono (D-Hawaii) introduced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act (here). Also yesterday, some
Bill to Reset Analysis
Today, U.S. Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced the Patent Eligibility Restoration Act of 2023. You can find the text of the bill (here).
The bill is a slightly refined version
The ANPRM Proposals That Should Drop Out of the Process
Yesterday I highlighted the ANPRM proposals that are likely to make it into the NPRM this coming fall. Today, I’ll walk through the ones that I expect to be
ANPRNM Comments Due Today
Today is the comment deadline on the USPTO’s recent Advanced Notice of Proposed Rulemaking (ANPRM). To date some 10,000 comments have been submitted.
At first blush the volume may seem impressive. Turns out, however, that
CLE Provided
This coming Thursday at 12PM (EST), IPWatchdog will host the free webinar entitled: PTAB Rules: The Good, The Bad & The Ugly. The webinar will cover the recent Advanced Notice of Proposed Rulemaking (ANPRM), preview stakeholder reactions, Congressional
